* § 3343-b. Safe disposal of unused controlled substances. The department shall establish a program for the safe disposal of unused controlled substances by consumers in accordance with federal law. The program shall permit individual members of the public to voluntarily surrender controlled substances listed on schedule II, III, IV or V of section thirty-three hundred six of this article in a secure manner, without identifying themselves, and shall be publicized consistent with the prescription pain medication awareness program established pursuant to section thirty-three hundred nine-a of this article. The surrender of a controlled substance pursuant to the program established pursuant to this section shall not constitute the possession, transfer or sale of such controlled substance for purposes of this article or the penal law. In developing such program, the department shall consider the following: appropriate sites for disposal throughout the state; the role of law enforcement and federal authorities, as appropriate; and the manner in which potential costs to localities or to the state will be addressed. Disposal sites shall be operated by law enforcement agencies on a voluntary basis in collaboration with the department. Nothing in this section shall require any political subdivision of the state to participate in the program established in this section. * NB Effective until September 27, 2014 * § 3343-b. Safe disposal of unused controlled substances. 1. The department shall establish a program for the safe disposal of unused controlled substances by consumers in accordance with federal law. The program shall permit individual members of the public to voluntarily surrender controlled substances listed on schedule II, III, IV or V of section thirty-three hundred six of this article in a secure manner, without identifying themselves, and shall be publicized consistent with the prescription pain medication awareness program established pursuant to section thirty-three hundred nine-a of this article.

1. 2. The surrender of a controlled substance pursuant to the program established pursuant to this section shall not constitute the possession, transfer or sale of such controlled substance for purposes of this article or the penal law.
2. 3. In developing such program, the department shall consider the following: appropriate sites for disposal throughout the state; the role of law enforcement and federal authorities, as appropriate; and the manner in which potential costs to localities or to the state will be addressed. Disposal sites shall be operated by law enforcement agencies and pharmacies on a voluntary basis in collaboration with the department. Nothing in this section shall require any political subdivision of the state to participate in the program established in this section.
3. 4. A licensed pharmacy designated by the commissioner may be a disposal site under this section for the functions of accepting surrender of controlled substances from consumers, temporarily storing the controlled substances, and transferring the controlled substances to an authorized disposal site.
4. 5. The commissioner shall make regulations under this section, including (in consultation with the commissioner of education) regulations relating to pharmacies in the program. * NB Effective September 27, 2014